CBD Educational Resources
Infinite CBD • July 9, 2021
Months ago, Indiana State Excise Police pulled thousands of CBD products off the shelves, now authorities are reevaluating the crackdown.
In April, Indiana passed a new law allowing the use of cannabis extract for treatment-resistant epilepsy. Soon after the Indiana State Excise confiscated CBD products from over 57 stores. With more than 3,000 products taken off of shelves, people soon began to question the legality of the confiscation.
While the State Excise took thousands of CBD products, other lawmakers and state patrol said hemp CBD is already legal under a 2014 law, removing industrial hemp from the controlled substance statute.
Store owners, advocates, and families looking for help became upset. Public officials are even pointing the finger at who is to blame. The excise along with other law enforcement officials thought the possession of CBD for reasons other than epilepsy were illegal, which initiated the crackdown. Lawmakers said their goal was to protect people with epilepsy from prosecution. It was not the intent to cause a statewide crackdown.
“It’s a complicated issue, and we’re trying to work through it and figure out what the rules are,” said David Cook, chairman of the Indiana Alcohol and Tobacco Commission, to NBC’s Channel 13 WTHR. “We’re trying to determine the legality. There’s differing legal opinions whether it’s legal or not, so until those issues are resolved, we’ve placed a moratorium on confiscating it.”
The new CBD law in Indiana allows people with treatment-resistant epilepsy to posses cannabidiol products. All CBD products must contain less than .3 percent of THC and at least 10 percent of cannabidiol.
According to an article by Fox 39, State Rep. Bill Friend (R-Macy) who worked on the bill, says CBD oil without THC can be legally bought at stores. But families who want CBD oil with THC must go through the proper state channels which includes getting a doctor’s recommendation and working with the Department of Health to be placed on a state registry.
Indiana state Attorney General, Curtis Hill is reviewing the situation for a formal opinion on CBD legality.